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CALDERON v. US DIST COURT FOR CENTRAL DIST OF CAL

No. 97-70277.

128 F.3d 1283 (1997)

Arthur CALDERON, Warden, California State Prison, San Quentin, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent,

United States Court of Appeals, Ninth Circuit.

Decided April 17, 1997.

As Amended on Denial of Rehearing and Suggestion for Rehearing October 29, 1997.

Attorney(s) appearing for the Case

Patti W. Ranger, Deputy Attorney General, San Diego, CA, for Petitioner.

Karen S. Schryver, California Appellate Project, San Francisco, CA; Richard C. Neuhoff, San Francisco, CA, for Real Party In Interest.

Before: KOZINSKI, THOMPSON and TROTT, Circuit Judges.

Argued by Telephone Conference Call and Submitted April 11, 1997.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc October 29, 1997.

KOZINSKI, Circuit Judge.

We decide whether the one-year time limit for filing a petition for writ of habeas corpus, enacted in section 101 of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), P.L. 104-132, 1996 U.S.C.C.A.N. (110 Stat.) 1214, 1217, is a statute of limitations subject...

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